Commonwealth v. Gamble

McEWEN, Judge:

The Commonwealth has taken this appeal from an order which granted a motion in arrest of judgment as to the violation of 75 Pa.C.S. § 1543(b), filed by appellee after he had been found guilty by the trial court of violating Section 1543(a) and Section 1543(b) of the Vehicle Code. 1 We affirm.

Appellee was arrested on January 22, 1986, and charged with Driving Under the Influence of Alcohol, 75 Pa.C.S. § 3731(a). 2 Appellee refused to submit to a breathalyzer test at the time of his arrest and was, therefore, subject to an automatic one year suspension of his operating privileges…